What is the test for a motion to vacate a judgment obtained by fraud?

California, United States of America


The following excerpt is from Quiroz v. Lening, B289361 (Cal. App. 2019):

Appellant further argues that the judgment was obtained by fraud. Appellant cites McGuinness v. Superior Court (1925) 196 Cal. 222, 232, for the proposition that "'the power to vacate upon motion a judgment obtained by fraud is inherent in courts of general jurisdiction, and . . . the same may be exercised after the lapse of the statutory time . . . provided that such motions are made within a reasonable time. What is a reasonable time is a matter of sound legal discretion in the court in which the motion is made.'" Appellant contends that her motion, made just over a year after entry of judgment, was made within a reasonable time.

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